Product Liability Expert Witnesses Explain Defects that Cause Tip Overs
Defects in products are a serious problem when entire batches or the design are affected. This could means standard use of the item may lead to injury or even death. When the defect causes an object to tip over, this may cause catastrophic damage. These situations are exacerbated by certain factors and situations.
When the complications arise on the road, numerous drivers and passengers could be affected in a wreck. If it occurs in an office, there is a great reduction in the number of harm, but individuals could still be injured just as seriously. Then, it is important to determine who is liable and if an expert witness should take part in the case.
When manufacturers, distributors of products, suppliers of materials or resources and retailers that sell the items are involved in the situation, this is then considered product liability. One or more of these persons or companies may be held responsible for the even and liable for damages due to injuries that are sustained because of product use. The event generally deals with a physical item that has been altered so that a defect exists in some manner. When only a single batch is changed in this manner, only so many persons could be affected. Unfortunately, this may lead to a recall of the item manufactured.
Determining LiabilityWhile product liability issues are affected by laws determined through the states where the injuries occur, and these may vary depending on certain factors, it is important to determine who is liable so that the damages assessed are taken from the individual or company. This may mean reconstructing the incident and ensuring that the injuries suffered were due to the defective product. This usually means some sort of expert witness with a background in the subject matter is needed to assist in revealing various details of the claim. Through his or her assessment, it may be discovered which party needs to be held accountable.
No matter if there is a defect, proving who is liable may be difficult to ascertain without the assistance of and expert witness who has a background in defective parts, designs or products. This may require field of study in engineering, how product dynamics work while in transport or stationary or what may cause a defect that leads to a tip over which may then cause an injury to someone around the object. With the assistance of one of these professionals, it may be possible to trace the item back to the responsible party that caused the defect or which damaged the product to the point it would be defective while on a truck or in storage.
Explaining DefectsSomeone that is fully qualified to explain how defects work and affect products is needed for a case where injury or damage was caused. After providing the liable party for the court, the expert witness may then explain how the item is defective. This process should be reproducible so that the individual’s testimony is not challenged. Through tracing what happened to the item from knowing which person or company is accountable for the defect, the expert may then determine how standard use of the product could lead to injury or destruction to property. A report is compiled and the judge or jury members are then able to deliberate with the full details.
The details of the product design could prove to be what caused the problem if it was drafted with an inherent flaw. A problem may have been introduced into a single or multiple batches of the object which then would cause the item or box to tip over. If the issue is with a vehicle, there could be an imbalance with the weight distribution or the tires may have been created with a deficiency. When traffic is involved, there is a much greater possibility and frequency of accidents and injuries sustained through various factors involved. If the item is placed in storage, it is possible it could tip over the side and fall on someone.
The Expert Witness in Tip OversNo matter what the circumstances surrounding the incident, an expert witness may be needed for multiple aspects of the case. He or she may be utilized to assist with the liable party, what caused the tip over, how the defect is responsible for the injuries or similar problems. In many of these complicated cases, without the use of an expert witness, the chances of success are greatly decreased.
Provided by HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.